2012 (7) TMI 1127

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.... G. Raghuram, J. 1. Heard Sri. Shaik Jeelani Basha, learned counsel for the petitioner and Sri. Balaji Varma, learned Special Govt. Pleader for Commercial Taxes. Penalty proceedings dated 24-4-2012 in Form VAT-203, for the period October, 2009 and January, 2012 passed by the 2nd respondent confirming penalty of ₹ 11,35,495/- is assailed in this writ petition on several grounds. 2. The imp....

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....ior to the detection by any authority prescribed, voluntarily declares that the tax due for a tax period was under declared and pays the tax due. This provision enjoins that no penalty shall be imposed provided that such declaration is made within the time limit and in the manner prescribed. 4. Sub-section (3) of Section 53, the provision under which the impugned penalty is levied applies to a si....